Prohibited activities in QPWS areas

This section covers activities that impact on the values of QPWS areas, such as feeding native animals, graffiti or otherwise defacing or damaging natural and cultural resources and littering and waste disposal. Amendments are proposed to these provisions and improve consistency with other legislation, address emerging issues and improve deterrent of unlawful behaviours.

Prohibited activities

Issue: Prohibit the feeding of native animals in protected areas and State forests

Current issue

• It is an offence in protected areas to feed an animal that is dangerous, venomous or capable of injuring a person, such as a dingo or crocodile. It is also an offence where a regulatory notice specifically prohibits animal feeding.
• The provisions are intended to protect wildlife and park visitors from negative consequences of feeding.
• Many native animals that would not normally be considered dangerous or capable of injuring a person (for example, goannas, and many species of birds such as kookaburras) may become dangerous from becoming habituated to feeding by people. There can also be negative impacts for the wildlife from being fed.

Proposed change

• It is proposed to make it an offence to feed any native animal in a protected area or State forest, unless under authority.
• This will address the potential negative health impacts on native animals eating food provided by humans and also reduce the habituation of wildlife associated with feeding.

Issue: New on-the-spot fines for graffitiing, defacing and damaging of natural resources in protected areas and private protected areas

Current issue

• Currently there is no ability to issue an “on-the-spot” fine for behaviours such as graffitiing, defacing or damaging natural resources – for example carving initials into trees or spray painting or writing, on rock walls and overhangs in a protected area.

Proposed change

• It is proposed to create on-the-spot fines for graffitiing, defacing and damaging natural resources in a protected area and private protected area.
• This will act as a deterrence from graffiti, defacing and damaging activities occurring, as well as enable authorised officers to issue a fine for these types of offences when they occur.

Issue: Improve the litter definition and increase fines for littering in QPWS areas

Current issue

• The litter provisions in the protected area, recreation area and forestry regulations differ, and are also different from other littering offences applying more generally across the community outside QPWS areas.
• The litter provisions require amendments to increase consistency across the regulations and with litter and waste offences in other legislation applying outside of QPWS areas.

Proposed change

• It is proposed to expand the definition of litter to include metal, wood, plastic, paper, fabric, food or cold ash from spent solid fuel.
• Further changes proposed include increasing the maximum penalties and fines for littering to align with the same penalties under the Waste Reduction and Recycling Act 2011.

Issue: Update fines to ensure consistency across QPWS areas

Current issue

• The three regulations often contain equivalent offences for unlawful activities in either a protected area, recreation area or State forest. For example, failure to comply with conditions of a camping or other permit, or unlawfully bringing an animal into an area.
• Some of these equivalent offences have inconsistent fines across QPWS legislation, while other fines are inadequate to deter the unlawful activity.
• Some offences for QPWS areas are related to offences under other legislation, for example littering is also an offence under the Waste Reduction and Recycling Act 2011.
• Some offences in QPWS areas that are related to other legislation, such as littering, are inconsistent with other legislation.

Proposed change

• The fines for offences in the regulations are being reviewed and will be made consistent across QPWS areas, and consistent with other legislation where suitable.
• Offences for which the fines are being reviewed include:
  • non-compliance with camping requirements
  • disorderly and other disturbing conduct
  • unlawful access to restricted access areas
  • bringing animals and live plants where prohibited
  • removing and damaging plants
  • uncontrolled dogs
  • unlawful stock grazing
  • feeding/disturbing dangerous animals
  • conducting activities without relevant permits
  • non-compliance with requirements for permits (conditions, record keeping, payments)
  • unauthorised structures and works
  • tampering with structures
  • dumping, littering and pollution offences
  • failure to comply with directions.

Frequently used terms

‘Private protected areas’ – means nature refuges and special wildlife reserves.

‘Protected areas’ – means national parks, national parks (scientific), national parks (Aboriginal land), national parks (Torres Strait Islander land), national parks (Cape York Peninsula Aboriginal land), conservation parks and resources reserves.

‘QPWS regulations’ – means the Nature Conservation (Protected Areas Management) Regulation 2017, the Recreation Areas Management Regulation 2017 and the Forestry Regulation 2015.

‘Queensland Parks and Wildlife Service (QPWS) area’ – means protected areas such as national parks (excluding private protected areas), recreation areas and State forests and timber reserves established under the Nature Conservation Act 1992,the Recreation Areas Management Act 2006 and the Forestry Act 1959 respectively.

‘Recreation areas’ - Queensland has seven recreation areas established under the Recreation Areas Management Act 2006. Recreation areas are managed either solely by the Queensland Parks and Wildlife Service or in partnership with others. Recreation areas are K’gari (Fraser Island), Green Island, Bribie Island, Inskip Peninsula, Cooloola, Mulgumpin (Moreton Island), Minjerribah (North Stradbroke Island). Mulgumpin and Minjerribah recreation areas are managed jointly with the Quandamooka Yoolooburrabee Aboriginal Corporation (QYAC).

‘Regulatory notice’ – these are a type of sign that Rangers place in protected areas. There are rules about where and when regulatory signs can be used, and what content they can contain. Regulatory notices are typically used by Rangers to regulate certain activities in particular places to enable appropriate park management.